“In multiple instances, defendants have debited plaintiff’s and also the putative class members’ bank accounts extra funds on a recurring basis without obtaining a written authorization signed or similarly authenticated for preauthorized electronic fund transfers from plaintiff’s and also the putative class members’ accounts,” the complaint states.
Additionally, Moore claims that Sprint engaged in nefarious credit collection activities in an attempt to get more money from her.
Despite multiple overcharges of her account, Moore claims Sprint repeatedly contacted her, attempting to collect additional money from her, after she stopped the automatic withdrawals. According to the complaint, Sprint engaged in deceptive attempts to make her believe that she was behind on her payments through false representations of her debt.
According to the complaint, the practice of unauthorized overcharges was widespread, affecting “hundreds if not thousands” of Sprint customers.
The suit claims that Sprint is in violation of the Electronic Funds Transfer Act and Rosenthal Fair Debt Collection Practices Act. Moore is seeking class status for all consumers who have been subjected to unauthorized account withdrawals by the wireless provider between January of 2016 and January of 2017, estimating the number of customers who were victims of unauthorized withdrawals could be in the “hundreds if not thousands." The ultimate size of the putative class will be established through an examination of Sprint’s records, the complaint states.
Moore is seeking statutory damages of $1,000 per class member for each of the alleged violations of the Electronic Fund Transfer Act and RFDCPA, in addition to costs, reasonable attorneys’ fees and prejudgment interest via a jury trial.
The plaintiff is represented by Todd M. Friedman of the Law Offices of Todd M. Friedman. The case is Moore v. Sprint Communications, Inc., case number 1:17-cv-00188, in the U.S. District Court for the Central District of California.